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Bombay High CourtABA/1825/2019allowed

Uddhav Laxman Latpate v. The State Of Maharashtra

2021-08-07Hon'Ble Shri Justice Prakash D. Naik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1825 OF 2019 Uddhav Laxman Latpate ... Applicant

Versus

The State of Maharashtra ... Respondent .....

Mr. Vishal L. Kolekar, Advocate for the Applicant. Mr. R. M. Pethe, APP for the Respondent - State. .....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

7th AUGUST, 2021.

PER COURT :

1.

This is an application for anticipatory bail. The applicant is apprehending arrest in C.R. No. 140 of 2019 registered with Ambad Police Station, Nashik, for offences under Sections 420 and 468 of Indian Penal Code (for short "IPC"). 2.

The First Information Report (for short 'FIR') was registered on 4th March, 2019. It is alleged that the cheque issued by one Ritesh Pramod Jategavkar to the first informant drawn on Mahesh Co-operative Bank Ltd., for Rs. 6,51,000/- was tampered and figure of one (1) was added to it. The applicant had allegedly tampered with the said cheque.

by SAJAKALI LIYAKAT JAMADAR Date:

2021.08.07 17:39:07 +0530 SAJAKALI LIYAKAT JAMADAR

3.

While granting interim protection vide order dated 28th August, 2019 it was observed that the investigation papers contained two photographs. The first photograph is of the cheque before tampering and the other is after tampering. The Court had expressed doubt as to how the investigation would contained photographs of cheque before tampering.

4.

Interim protection was granted to the applicant by order dated 28th August, 2019 which continuous in operation till today. Learned counsel for the applicant submits that the case status of the present FIR indicate that the charge-sheet has been filed against the applicant. The statement is accepted. In the light of the aforesaid factual aspects, the applicant need not subjected to custodial interrogation.

5.

Hence, I pass the following order:

ORDER

(i) Anticipatory Bail Application No. 1825 of 2019 is allowed;

(ii) Interim order dated 28th August, 2019 is confirmed. (iii) In the event of arrest of the applicant in connection with in C.R. No. 140 of 2019 registered with Ambad Police Station, Nashik, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.20,000/- with one or

two sureties in the like amount;

(iv) Anticipatory Bail Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)